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Neutral Citation No. - 2025:AHC:71117 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3486 of 2025 Applicant :- Shubham Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Piyush Tripathi,Sunil Sharma Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Copy of the medical report as well as supplementary medical report of the injured, Vivek Kumar Singh produced by Sri Anupam Anand, learned brief holder for the State are taken on record. 2. Heard counsel for the applicant, learned brief holder for the State and perused the material placed on record. 3. The instant application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No. 191 of 2024, under Sections 191(2), 109(1) of B.N.S., Police Station- Birano, District- Ghazipur. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. As per the allegations in the first information report, the applicant along with four unknown persons are alleged to have assaulted the informant. As per the medical report, the injured sustained four injures. The injury nos. 1 and 2 were simple in nature. The injury nos. 3 and 4 were referred for x-ray examination. As per the supplementary medical report, no abnormality was detected. It is next contended that the nature of injury shows that there was no intent to murder. The criminal history of the applicant has been explained in para no. 18 of the affidavit. At this stage, there is no credible evidence to link the applicant with the offence. The investigation is still pending. It is next submitted that the applicant has apprehension of his arrest and in case, the applicant is granted anticipatory bail, he will not misuse the said liberty. 5. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 7. Having regard to the submissions made by counsel for the applicant, considering the nature of accusations and the fact that as per the medical report, the injured sustained four injures, the injury nos. 1 and 2 were simple in nature, the injury nos.
3 and 4 were referred for x-ray examination, the fact that as per the supplementary
medical report, no abnormality was detected, at this stage, there is no substantive evidence against the applicant, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail till the submission of police report. 8. In the event of arrest, the applicant- Shubham Sharma be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 193 (3) B.N.S.S., on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:- (i) The applicant shall make himself available for interrogation by a police officer as and when required; (ii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade from disclosing such facts to the Court or to any police officer; (iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the Police Commissioner concerned. 8. In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. 9. The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant. 10. The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present
order.
11. The application stands disposed of.
Order Date :- 5.5.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad